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KERN v. STATE OF NY

12 Misc.3d 455 (2006)

820 N.Y.S.2d 445

DAVID KERN, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 107482.)

Court of Claims.

March 24, 2006.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (John J. Kelley of counsel), for defendant.

Lawrence Bernstein for claimant.

OPINION OF THE COURT

S. MICHAEL NADEL, J.

The defendant has moved to dismiss the claim on the ground that the court does not have subject matter jurisdiction because the claim fails to allege the total sum claimed, as required by Court of Claims Act § 11 (b).

The issues presented on this motion have recently been decided by this court, in Peart v State of New York (10 Misc.3d 1070[A], 2005...

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